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1986-11-18 Regular CC Minutes264 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA NOVEMBER 18, 1986 The meeting convened at 8 :05 p.m. (at the conclusion of the Community Improvement Commission meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Corica. Reverend John Foley gave the invocation. ROLL CALL - Present: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament. MINUTES Councilmember Monsef made a motion for approval of the minutes of the Regular Council Meeting of November 4, 1986, Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 86 -654 Councilmember Corica requested the status on the Marina Village and Galleon signs as discussed at the November 4th meeting. The City Manager stated there was a letter from Marina Village in response and the matter is still being worked on. Councilmember Corica said the Marina Village sign should come down pursuant to the November 4th motion. President Diament said that a letter received by Council presented new information and evidence regarding the matter. Councilmember Lucas noted that a possible amendment to the ordinance was to have been presented in conjunction with the matter. Councilmember Monsef stated he had seen another sign in the same place. Councilmember Corica said the Marina Village sign should be removed and the Perreira sign re- placed. Councilmember Hanna-stated Council should again review the matter because of the additional information received. Councilmember Corica made a motion to reaffirm the motion as stated at the November 4th meeting. Councilmember Monsef seconded the motion. Councilmember Lucas stated she had voted for a new sign, not an illegal sign. 265 The City Manager commented that the Marina Village sign is in conformance with the Planning Board and is a legal sign; that the Perreira sign is illegal. Councilmember Corica stated it had been illegal for seventeen years. The City Manager noted that the Council has voted to have all illegal signs taken down and the City is in the process of carrying out that program but if Council wants the Marina Village sign removed, it will be removed. The motion failed by the following voice vote: Ayes: Councilmembers Corica and Monsef - 2. Noes: Councilmembers Hanna and Lucas, and President Diament - 3. Absent: None. President Diament stated that Marina Village should provide space and that would be the direction in which to go. Councilmember Monsef stated he wanted the small sign to be removed, to which the City Manager responded that he would take care of the matter. CONSENT CALENDAR Councilmember Hanna moved for adoption of the Consent Calendar. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS *86-655 From City Attorney recommending denial of application of Joseph Chancy and Bobbie Katusich to present late claim against the City of Alameda. Accepted. *86-656 From City Attorney recommending denial of application of Antonio Contreras for leave to present late claim against the City of Alameda. Accepted. *86-657 From Public Works Director recommending an extension of time of one year, to January 6, 1988, in which to complete the improvements for Tract 4122 (Harbor Bay Isle - Pelican Bay). Accepted. *86-658 From Public Works Director recommending an extension of time of three years, to September 4, 1989, in which to complete the improvements for Tract 4288 (Harbor Bay Isle - Promontory Pointe). Accepted. *86-659 From Finance Director on City's Investment Portfolio as of October 31, 1986. Accepted. *86-660 From Recreation & Parks Director recommending acceptance of work of VAL Corporation for rehabilitation of walkways at Krusi Park, P.W. No. 8-86-29. Accepted. 266 RESOLUTIONS *86-661 Resolution No. 11050 "Declaring the week of November 17 to November 22, 1986, "Winter Storm Preparedness Week." Adopted. *86-662 Resolution No. 11051 "Authorizing execution of an amendment to the Loan Agreement and related documents between the City of Alameda and the United Pilipinos of Alameda." Adopted. *86-663 Resolution No. 11052 "Authorizing submittal of an application for an historic preservation grant for 1987-88, pursuant to the Certified Local Government Program." Adopted. *86-664 Resolution No. 11053 "Authorizing execution of agreement for professional services with James Stedman & Associates, Inc. for design and other engineering services for Alameda Marina Village Assessment District 84-3 projects." Adopted. *86-665 Resolution No. 11054 "Adopting Plans and Specifications for traffic signal construction at Bridgeway Road and Island Drive, calling for bids and directing City Clerk to advertise same." Adopted. *86-666 Resolution No. 11055 "Adopting Plans and Specifications for Bridge View Isle Storm Drain reconstruction, P.W. No. 8-86-30, calling for bids and directing City Clerk to advertise same." Adopted. *86-667 Resolution No. 11056 "Adopting Plans and Specifications for Patton Way, Phase II, Atlantic Avenue extension, P.W. No. 5-86-11, calling for bids and directing City Clerk to advertise same.". Adopted. FINAL PASSAGE OF ORDINANCES *86-668 Ordinance No. 2311 N.S. "Amending Title XVII of the Alameda Municipal Code to establish a two-hour parking zone on the north side of Clement Avenue west of Park Street." Adopted. BILLS *86-669 A List of Claims, certified by the City Manager as correct, was approved in the amount of $1,560,261.18. ************* RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 86-670 From local residents requesting that the vacant lot at 3126 Fernside and High Streets be rezoned from C-1 to R-1. 267 Wendy L. Thompson, 3136 Gibbons Drive, stated her concerns regarding the "parking lot" status of the lot, for the safety of the children of the neighborhood, the safety of neighbors, (noting a recent daytime robbery, and the fact that no neighbors could give a description of unknown cars in the area because there are now so many). Antoinette Carbone, 3121 Fernside Boulevard, stated the petition previously submitted in favor of the rezoning had 76 names affixed to it but more signatures have been added to a total of 102, and submitted same to the City Clerk. She also stated she had called the owners to post a "No Trespassing" sign but they had refused, and she submitted pictures of what is taking place on the empty lot, noted a big rig parked there as well as a motor home in which a man was living. Lucy M. Hocking, 3122 Fernside Boulevard, commented regarding the safety for children, the robbery of a neighbor after which the police cornered the burglar in her yard, the noise, health, and air pollution. Kathy Patrick, 3108 Fernside Boulevard, agreed with prior speakers and stated she would like to preserve the integrity of the neighborhood. James Royer, 3100 Fernside Boulevard, stated that vehicles are continually blocking driveways due to the businesses already in the area. Charles D. Hendricks, 795 Sunset Glen Drive, San Jose, stated he owns the duplex next to the property in question; that financially he would benefit from C -1 zoning, but believes for the benefit of his tenants it should not be C -1. William H. Kerry, 151 Callan Avenue, San Leandro, stated that he is a friend of the owners of the lot; that one reason for the lot being empty is because they have to clear with government agencies after taking gas station down; and that they have today accepted a contract for a real estate office to be placed on the lot which would not be incompatible with the neighborhood. Edward Murphy, 2618 Janis Circle, stated that the gas station was on the lot for 25 years; that the property has been up for sale for $100,000.00 and if the neighbors want to do something about the lot, they should buy it and then do what they wish. Councilmember Hanna made a motion to recommend to the Planning Board that they consider rezoning the property to R -1. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Hanna requested staff examine existing ordinances regarding motor homes, and sleeping in motor homes, on private property. 268 Following detailed discussion regarding current usage of the lot, related ordinances and possible solutions to the problems presented, Council requested City Manager notify owners regarding Council's concerns. 86 -671 From Richard E. Armstrong, 1626 Encinal Avenue, regarding speed limits and traffic signals. Mr. Armstrong addressed Council regarding his concerns, commending Chief Shiells and the Police Department for their performance and the good safety factor of the City of Alameda, but noting that additional police are needed to handle speeding violators; and noted that certain blinking traffic signals had not been adjusted for standard time. Councilmember Monsef stated the communication also concerned accident prevention and he would like the matter addressed. Councilmember Hanna stated he was concerned about people going through red lights. President Diament said the matter of additional police should be examined in light of the budget. Councilmember Hanna requested the matter be referred to the Traffic Advisory Committee. The Public Works Director noted that the signals have now been adjusted to standard time settings. Councilmember Lucas made a motion to accept the communication and it was seconded by Councilmember Hanna. The motion was carried by unanimous voice vote - 5. 86 -672 From Jo Ann Eichten - Alioto, 3025 Thompson Avenue, and Robert Richards, 3011 Thompson Avenue, concerning air traffic over the east end of Alameda. Mr. Richard stated that in the last few months, there has been a drastic increase in air traffic and low- flying aircraft; and noted that last week it was announced that there would be a major increase in traffic at the Oakland Airport. President Diament- requested the City Manager comment on the tower, to which the City Manager responded that the tower was approved by the FAA, the Port of Oakland was notified and they did not respond; that runways have not been changed, they are to skim the end of the island; that a letter has been sent to the Port asking what changes might be taking place, and, according to current information, the microwave tower is not a factor in the situation. President Diament commented there is new State law under which an investigation may be made. 269 Councilmember Lucas stated that the flight pattern should be a matter of public record and she requested staff to investigate what it is, and and would like the City Attorney to find out what the City can do. The City Attorney commented that the agreement with the Port of Oakland may allow some avenue of control. The City Manager noted that the agreement addresses weight control and small jets, and that the climb is to be made over the golf course. Councilmember Corica commented it appears there is nothing Council can do but it should at least let the Port of Oakland know that complaints are being received and that they are being monitored. The City Attorney suggested the possibility of working through the FAA. Councilmember Corica stated Council should write to the Port of Oakland with a copy to the FAA. Pesident Diament noted that Ms. Eichten - Alioto has been invited to attend meetings of the Project Coordination Committee which is going to be studying noise problems. President Diament commented that perhaps Council should ask to have a representative on the Committee. The City Manager noted that the Homeowner's Associations in the area are active members in the Committee; that Islandia and Harbor Bay Isle Homeowner's Associations have representatives on the Committee. Councilmember Corica suggested that the Council should make a recommendation that Ms. Eichten - Alioto, if she agrees, be placed on the Committee. Ms. Eichten - Alioto stated she would be happy to serve on the Committee. Councilmember Lucas stated Council needs to get facts, perhaps a professional to monitor the situation, perhaps measure the noise and height, and suggests Council request staff to do research on the cost of an expert and what kind of work would be required to handle the matter. President Diament questioned the possibility of bringing the matter before the Airport Land Use Commission (ALUC). Councilmember Lucas commented that Council has approached the ALUC before but it did not appear to help and she believed that it would be best to get facts and build up a case. 270 The City Attorney commented that perhaps a threat of a nuisance or an inverse condemnation action would obtain the best results. James Hackbarth, 3345 Washington Court, stated that he had sent information, regarding time of a particularly low flight, with a 38- signature petition to the Port of Oakland, Congressman Pete Stark, and the FAA, and has had letters from various agencies but the Port of Oakland ignores responsibility in the matter. John Carmody, 1014 College Avenue, expressed concern about the noise and low flying planes. Deanna Johe, 3258 Ravens Cove, stated that there now are planes constantly flying over, and at a very low altitude. Councilmember Hanna commented he had used a test for measurement of elevation of the planes during a similar problem in the past, and that such information is effective when transmitted to the appropriate agencies. President Diament stated staff should proceed on all these levels suggested, including writing, monitoring and making concerns known. Councilmember Lucas made a motion to accept the communication, and to write a letter to the Oakland Airport (Port of Oakland) with a copy to the FAA. Councilmember Monsef seconded the motion and added that the letter should be strongly worded. The motion was carried by unanimous voice vote - 5. Councilmember Corica made a motion that the Mayor write a letter on behalf of Council asking for the appointment of JoAnn Eichten - Alioto to the Project Coordination Committee. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. HEARINGS 86 -673 Consideration of sale and issuance of tax exempt bonds to finance Park Street Landing Project. (Resolutions, Item No. 8.) President Diament explained the matter. The City Clerk noted details for the record regarding November 4, 1986, publication of Public Notice. President Diament gave a further explanation and description of the Project and details regarding bonding. President Diament opened the public portion of the hearing. As there were no speakers, the public portion of the hearing was then closed. 271 Councilmember Hanna made a motion.to take the related resolution out of order, Councilmember Monsef seconded the motion. Bond Counsel Jerry Laster stated that there was a Letter of Credit at Union Bank, arranged and paid for by Park Street Landing. In answer to Councilmember Corica's question regarding what occurs if there is a default, Mr. Laster stated that Union Bank would be concerned with security and would foreclose on the property. The City Manager noted this project was approved by the Municipal Bond Advisory Board which must review and approve an allocation to a local community. Mr. Laster commented that the California Debt Limit Allocation Committee, whose function is to review projects of this nature, (industrial development type bond projects) and approve or disapprove, had approved this project. The motion to take the related resolution out of order was carried by unanimous voice vote - 5. 86 -674 Resolution No. 11057 "Approving Project and Bonds for Park Street Landing, a California limited partnership, Park Street Landing Project." Councilmember Lucas questioned if the Planning Board had approved the project, if the design preserves a view of the water from most of the areas, if the quality of the design is high, and if there .will be control of quality of the shops, to which the Planning Director responded in detail regarding the high quality of the project. On the call for proponents and Councilmember Hanna made a Councilmember Monsef seconded unanimous voice vote - 5. opponents, there were none. motion to adopt the resolution, the motion, and it was carried by 86 -675 Consideration of Planning Board recommendation for emergency moratorium on exemptions from parking requirements for improvements of up•to 50% of existing buildings or changes in use which would require less than 50% more parking. The Planning Director explained the matter and answered Council's questions regarding the details of the subject. The public portion of the hearing was opened. On the call for proponents, there were none. On the call for opponents, Fred Scullin, 1120 Chestnut Street, addressed Council. 272 The public portion of the hearing was closed. Councilmember Lucas moved to take the related ordinance out of order. Councilmember Monsef seconded the motion. Councilmember Corica stated he agreed with Mr. Scullin that it should not be done as an emergency ordinance. Councilmember Lucas commented if it were by normal procedure, that the Planning Board would have to review it first. The City Attorney stated that the matter could be handled under Government Code to avoid two meetings. The motion to take the related ordinance out of order was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 86-676 Ordinance No. N.S. "An interim ordinance prohibiting exemptions from parking requirements of up to fifty percent (50%) of existing buildings or changes in use which would require less than fifty percent (50%) more parking." Councilmember Lucas stated she agreed it was not necessary to have an emergency ordinance. Councilmember Hanna inquired if it were possible to introduce the ordinance but take the two weeks and 30 days to complete, to which the City Attorney responded affirmatively. Councilmember Hanna made a motion to introduce the moratorium ordinance but allow it to take the normal two weeks for final passage and thirty days to take affect. The City Attorney clarified that it will, in effect, be an emergency ordinance but it will be done in the normal two weeks and thirty days rather than having it adopted tonight; that, however, it can take effect at the time of passage in two weeks if Council wishes. Councilmember Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Corica, Hanna, Monsef and President Diament - 4. Noes: Councilmember Lucas - 1. Absent: None. RESOLUTIONS 86-677 Resolution No. 11058 "Appointing William Soderlund as a member of the Pension Board." Councilmember Monsef made a motion to adopt the resolution. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 5. 273 President Diament announced that Mr. Soderlund could not be present at the meeting but the City Clerk would administer the oath at an appropriate time. Barbara Thomas, 1118 Paru Street, (See Paragraph No. 86 -674) commented on the Park Street Landing Project resolution: that it is one of the most "Alameda- like" projects in the last few years but questions the use of tax exempt bonds. NEW BUSINESS 86 -678 President Diament noted that there was a letter from the Alameda County Mosquito Abatement District stating that Councilmember Hanna's term was coming to an end and they would like him to be reappointed, however, Mr. Hanna had stated that someone else should now have an opportunity to be on the committee. She then stated that the matter should be addressed at the next Council meeting. 86 -679 Councilmember Lucas stated there was a letter from Doris Ung, 1021 Island Drive, regarding undergrounding and requested it be placed on the agenda of the next Council meeting. 86 -680 Councilmember Lucas inquired about the status recycling, to which the City Manager said the staff Scouts are working on the glass recycling and bins. Councilmember Lucas stated there are paper recycling public property i.e., Portola Triangle and the City responded that he would investigate the matter. 86 -681• Councilmember Hanna inquired, if a contractor applied for a building permit regarding the property located at Fernside and Gibbons, how could that be precluded, to which the City Attorney responded it could be done by emergency moratorium ordinance. Councilmember Hanna requested that one be provided at the next meeting, to which Council agreed. of the and Boy bins on Manager ORAL COMMUNICATIONS, GENERAL 86 -682 Fred Scullin, 1120 Chestnut, commented that it was the first meeting since the election and he read some of the statistics of the .election. ADJOURNMENT President Diament adjourned the meeting at 10:40 p.m. Respectfully submitted, r-. DIANE B. FELSCH City Clerk